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Florida Bar | Tenancy Forms – Impose Claim on Security Deposit

21 Notice of Intention to Impose Claim on Security Deposit in Florida

The document titled “Notice of Intention to Impose Claim on Security Deposit in Florida” is a formal communication from a landlord or their agent to a tenant, informing them of the intention to deduct from the tenant’s security deposit for damages incurred. This notice is mandated by Section 83.49(3) of the Florida Statutes and must be sent via certified mail to the tenant’s last known address within 30 days after the tenant vacates the premises.

What can a landlord deduct from a security deposit in Florida?

In Florida, a landlord can legally deduct from a tenant’s security deposit for several specific reasons under the Florida Residential Landlord and Tenant Act. Landlords are required to return the security deposit or provide a written notice of their intent to impose a claim on the deposit within 30 days after the tenant vacates the property. This notice must detail the reasons for the deductions and the amount of each deduction. The tenant then has 15 days after receiving this notice to object in writing. If the landlord fails to provide this notice within the 30-day period, they forfeit the right to impose a claim on the deposit.

The notice outlines the process and legal requirements involved, including a stipulated 15-day period during which the tenant can object to the deductions in writing. If the tenant does not respond within this period, the landlord is then authorized to deduct the claimed amount. The document also highlights the tenant’s right to pursue damages in a separate action if they disagree with the landlord’s assessment. The form also includes placeholders for the tenant’s name and address, the amount of damages, the reason for the claim, the landlord’s contact details, and instructions for the tenant to send their objection. This document is crucial for landlords to comply with the legal framework while handling security deposits and claims for damages.

Here is a step-by-step guide on how to fill out this form:

Tenant Information

Notice Statement

Legal Notification

Landlord Information

Delivery Method

Additional Support

Review and Send

By carefully filling out and sending this form within the required timeframe, you ensure compliance with Florida’s security deposit laws and protect your rights as a landlord.

How to sue landlord for security deposit in Florida?

This is typically pursued in small claims court, where you can represent yourself without the need for an attorney. Before filing a lawsuit, send a demand letter to your landlord requesting the return of your security deposit. The letter should outline the legal requirements for a security deposit return, state the amount owed, and specify a deadline (usually 7 to 15 days). Ensure the amount you are suing for falls within the small claims limit in Florida, which is currently $8,000.

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